Section 19 of NGT : Section 19: Procedure And Powers Of Tribunal

NGT

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Explanation using Example

Imagine a local community in a small town facing health issues due to the pollution caused by a nearby factory. The residents decide to file a complaint against the factory for violating environmental laws. They approach the National Green Tribunal (NGT) seeking justice.

In this case, the NGT will not follow the complex procedures of the Code of Civil Procedure, 1908. Instead, it will ensure a fair hearing based on natural justice principles, meaning the residents will be given a fair chance to present their case, and the factory representatives will also have the opportunity to defend themselves.

The NGT will have the flexibility to devise its own procedure for handling the case efficiently and effectively, possibly expediting the process. It won't strictly adhere to the technicalities of the Indian Evidence Act, which can sometimes slow down proceedings.

During the hearing, the NGT can summon the factory owner and any relevant witnesses, demand the production of pollution records or any other pertinent documents, and accept affidavits as evidence. If necessary, the Tribunal could also issue an interim order to stop the factory operations until a final decision is made, provided both parties have had the chance to be heard.

All these proceedings would be treated with the same seriousness as a judicial process in a court of law, and any false statements could result in penal consequences under the Indian Penal Code.

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